Courses Offered by the Graduate School of Law
|科目名 【英語】||Special Studies in Legal Sociology Ⅰ|
|担当教員 【日本語】||原田 綾子 ○|
|担当教員 【英語】||HARADA Ayako ○|
|開講期・開講時間帯||春 金曜日 ２時限|
Spring Fri 2
|Special course arrangement due to Corona virus prevention policy.|
CONDUCTED ON LINE,
Students interested in this course must be enrolled in this syllabus AS WELL AS the syllabus of Sociology of Law Seminar B(https://canvas.law.nagoya-u.ac.jp/courses/3158/assignments/syllabus) as a member.
For more details, See the Instruction at "Pages" after you enroll as a member of the course Sociology of Law Seminar B.
This seminar provides students opportunities to learn and discuss the actual functioning of law and legal system in its social context.
Each student picks one paper from the list (or more, according to the number of participants), prepare handout and make physical copies for the students. The handouts need to contain (1) summary of the paper: what is explained and discussed in the material and (2) reporter’s comments for discussion.
Students must submit an after-presentation report according to the instruction privided at the class.
Students may also be required to submit final report according to the class size.
Students other than the reporter must read papers in advance and actively participate in discussion. All the students are expected to make at least one comment at every class.
Through such efforts students are expected to obtain basic knowledge and insights on the reality of the legal system.
★Email should be sent to show your intention to take this course in advance of the first class. Lecturer’s email address is firstname.lastname@example.org.
Each student picks one (or more) of the articles on the reading list below for presentation and discussion. We will read one paper per one session.
Discussion Topics and Reading Materials
First Meeting: Orientation (April 12)
1.How the “Disputes” Develop in Social Contexts
Felstiner, William L. F., Richard L. Abel, and Austin Sarat, “The Emergence and Transformation of Disputes: Naming, Blaming, Claiming…” 15 Law and Society Review 631 (1980).
Miller and Austin Sarat, “Grievances, Claims, and Disputes: Assessing the Adversary Culture,” 15 Law and Society Review 525 (1980).
Albiston, Edelman and Milligan “The Dispute Tree and the Legal Forest,” 10 The Annual Review of Law and Social Science 105 (2014).
2.The Reality of Civil Dispute Mechanisms
William M. O'Barr; John M. Conley, “Lay Expectations of the Civil Justice System,” 22 Law & Soc'y Rev. 137 (1988)
Robert H. Mnookin; Lewis Kornhauser, “Bargaining in the Shadow of the Law: The Case of Divorce,” 88 Yale L.J. 950 (1979).
Sara Cobb, “The Domestication of Violence in Mediation,” 31 Law & Society Review 397-440 (1997).
3.Why “the Haves” Come Out Ahead in Legal Spheres?
Why the 'haves' come out ahead: speculations on the limits of legal change / Marc Galanter
Lauren B. Edelman; Mark C. Suchman, “When the Haves Hold Court: Speculations on the Organizational Internalization of Law,” 33 Law & Soc'y Rev. 941 (1999)
Beth Harris, Representing Homeless Families: Repeat Player Implementation Strategies, 33 Law & Soc'y Rev. 911 (1999)
4.Law and Social Control
Sebastian Scheerer, “The New Dutch and German Drug Laws: Social and Political Conditions for Criminalization and Decriminalization,” 12 Law & Soc'y Rev. 585 (1978)
Tom R. Tyler; Robert J. Boeckmann, “The Three Strikes and You Are out, but Why - The Psychology of Public Support for Punishing Rule Breakers,” 31 Law & Soc'y Rev. 237 (1997)
Hamai & Ellis, "Crime and Criminal justice in modern Japan: From reintegrative shaming to popular punitivism"International Hournal of the Sociology of Law,34, 157-178 2006.
|Develop basic skills and gain knowledge to conduct your own socio-legal study on law.|
|回 / テーマ / 講義内容 / 授業時間外の学修活動 / 関連ページ|
Each session will cover one paper as listed above. Session involves presentation and discussion
|Recommendation: Japanese Law and Society course in Fall semester (before or after taking this course)|
Attendance (10%), presentation (30%), class discussion (20%), after-presentation report (40%).
|講義概要に上げた文献を教科書とする。Reading list will be provided.|
|Students must read the material before each class.|
|Language: English only|
Email the lecturer in advance of the first session. email@example.com